Drawbridge Operation Regulations; New Rochelle Harbor, NY

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD1-95-002]

RIN 2115-AE47

Drawbridge Operation Regulations; New Rochelle Harbor, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing the Glen

Island Bridge, mile 0.8, across New Rochelle Harbor in New Rochelle.

The change requires two hours advance notice for openings between the

hours of 12 midnight and 6 a.m. from May 1 through October 31, and

twenty-four hours advance notice between the hours of 8 p.m. and 8 a.m.

from November 1 through April 30. This change was requested by the

Westchester County Department of Parks because of the few requests for

bridge openings during these time periods. This action relieves the

bridge owner of the burden of having personnel constantly available to

open the bridge and should provide for the reasonable needs of

navigation. This change to the regulations will also require the bridge

owner to install and maintain clearance gauges.

DATES: This final rule is effective June 19, 1998.

ADDRESSES: Documents as indicated in this preamble are available for

inspection or copying at the First Coast Guard District Office, Battery

Park Bldg., New York, New York 10004-5073, 7 a.m. to 3 p.m., Monday

through Friday, except Federal holidays. The telephone number is (212)

668-7069.

FOR FURTHER INFORMATION CONTACT: Mr. J. Arca, project officer, First

Coast Guard District, Bridge Branch. The telephone number is (212) 668-

7069.

SUPPLEMENTARY INFORMATION:

Regulatory History

On January 27, 1995, the Coast Guard published a notice of proposed

rulemaking entitled ``Drawbridge Operation Regulations; New Rochelle

Harbor, NY'' in the Federal Register (60 FR 5343). Ninety-eight

comments expressing opposition to the proposal were received. No public

hearing was requested and none was held. Following revision of the

regulation request by Westchester County, the Coast Guard, on May 13,

1996, published a supplemental notice of proposed rulemaking entitled

``Drawbridge Operation Regulations; New Rochelle Harbor, New York'' in

the Federal Register (61 FR 22002). The Coast Guard received sixteen

letters commenting on this supplemental notice of proposed rulemaking.

No public hearing was requested, and none was held.

Background

The Glen Island Bridge has a vertical clearance of 13 feet above

Mean High Water (MHW) and 20 feet above Mean Law Water (MLW) in the

closed position. The bridge is presently required to open on signal.

The new regulations will provide openings on signal with two hours

advance notice between the hours of 12 midnight and 6 a.m. from May 1

through October 31, and twenty-four hours advance notice between the

hours of 8 p.m. and 8 a.m. from November 1 through April 30.

From May 1994, through October 1994, there were thirty two bridge

openings between midnight and 6 a.m. From November 1994, through April

1995, there ware twenty openings between 8 p.m. and 8 a.m. The existing

regulations are being changed to provide Westchester County relief from

having an operator in constant attendance at the bridge since there is

limited demand for bridge openings during the regulated periods.

Discussion of Comments and Changes

Sixteen comments were received in response to the supplemental

notice of proposed rulemaking. One expressed no objection; one comment

from Westchester County Department of Parks endorsed the proposal;

fourteen comments objected to the proposal. Of those fourteen, eight

objected because of the misconception that the bridge will not open for

marine traffic and they will be forced to use the back for channel. The

back channel is considered dangerous for nighttime passage due to the

shallowness and narrowness of the channel and the lack of lighted aids

to navigation. This concern is dispelled since the bridge will open

when needed except an advance notice for openings will be required.

Additionally, the waterway provides sufficient area for mariners to

anchor nearby while waiting for an opening. Three objections expressed

concern that approval of the request would lead to further encroachment

on the full time operating hours of the bridge. An approved request for

change to operating regulations is not a valid basis for subsequent

approval of additional changes. In the event that further changes are

sought, if warranted the Coast Guard will reinitiate notice and comment

rulemaking. All requests to change regulations are examined in light of

the reasonable needs of navigation. One objection expressed concern

that vessel appurtenances would have to be lowered. 33 CFR 117.11(a)

requires that, ``No vessel owner or operator shall (a) Signal a

drawbridge to open if the vertical clearance is sufficient to allow the

vessel, after all lowerable non-structural vessel appurtenances that

are not essential to navigation have been lowered, to safely pass under

the drawbridge in the closed position.'' Only those vessel

appurtenances that are non-structural and non-essential to navigation

have to be lowered in accordance with the law. One commentor requested

installation of a marine radio at the bridge. Installation of marine

radio is unnecessary since the waterway is strictly recreational and

the majority of bridge openings are for sailboats most of which are not

equipped with marine radio. Installation of a marine radio will not

enhance marine safety and would be an unnecessary economic burden on

the bridge owner. The final objection, from the Westchester County

Board of Legislators, included a legislative resolution urging denial

of the requested change by the Coast Guard based on the deterrent to

criminal activity in the adjacent park offered by constant attendance

on the bridge. Marine safety concerns were cited as well. Because of

opposing views on the regulation change by two elements of Westchester

County government, the Coast Guard requested, by letter dated February

26, 1997, that the County Executive reiterate the County's position. By

letter March 20, 1997, the Commissioner of the Westchester County

Department of Parks, on behalf of the County Executive indicated the

County's continued desire to seek the proposed regulation change. A

telephone conversation with Parks Commissioner DeSantis on 31 March

1997 provided further confirmation.

The infrequent requests for bridge openings during the regulated

period and the ability to obtain bridge openings by providing advance

notice makes the requested regulation change reasonable.

Regulatory Evaluation

This rule is not a significant regulatory action under section 3(f)

of Executive Order 12866 and does not require an assessment of

potential costs

[[Page 27680]]

and benefits under section 6(a)(3) of that Order. It has not been

reviewed by the Office of Management and Budget under that Order. It is

not significant under the regulatory policies and procedures of the

Department of Transportation (DOT) (44 FR 11040; February 26, 1979).

The Coast Guard expects the economic impact of this rule to be so

minimal that a full Regulatory Evaluation under paragraph 10e of the

regulatory policies and procedures of DOT is unnecessary. This final

rule adopts the operating hours which the Coast Guard believes to be

appropriate since the recreational boaters that use this waterway

seldom transit during night time and thus, a requirement for the bridge

operator to be present during all time periods, is unwarranted. The

Coast Guard believes this final rule achieves the requirement of

balancing the navigational rights of recreational boaters and the needs

of land based transportation.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard considered whether this rule will have a significant

economic impact on a substantial number of small entities. ``Small

entities'' include small businesses, not-for-profit organizations that

are independently owned and operated and are not dominant in their

fields, and governmental jurisdiction with populations of less than

50,000. Therefore, for the reasons discussed in the Regulatory

Evaluation section above, the Coast Guard certifies under section

605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that

this final rule will not have a significant economic impact on a

substantial number of small entities.

Collection of Information

This final rule does not provide for a collection of information

under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this rule in accordance with the

principles and criteria contained in Executive Order 12612 and has

determined that this rule does not have sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this rule

and concluded that under Figure 2-1, paragraph 32(e), of Commandant

Instruction M16475.1C, this rule is categorically excluded from further

environmental documentation because promulgation of changes to

drawbridge regulations have been found to not have a significant effect

on the environment. A ``Categorical Exclusion Determination'' is not

required for this rule.

List of Subjects in 33 CFR Part 117

Bridges.

Regulation

For the reasons set out in the preamble, the Coast Guard amends 33

CFR part 117 as follows:

PART 117--[AMENDED]

1. The authority citation for part 117 continues to read as

follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g);

Sec. 117.255 also issued under the authority of Pub. L. 102-587, 106

Stat. 5039.

2. Add Sec. 117.082 to read as follows:

Sec. 117.802 New Rochelle Harbor.

(a) The draw of the Glen Island Bridge, mile 0.8, at New Rochelle,

New York, shall open on signal, except as follows:

(1) two hours advance notice shall be given for openings from 12

midnight to 6 a.m. from May 1st through October 31st by calling the

number posted at the bridge.

(2) twenty-four hours advance notice shall be given for openings

from 8 p.m. to 8 a.m. from November 1st through April 30th by calling

the number posted at the bridge.

(b) The owner of the bridge shall provide, and keep in good legible

condition, clearance gauges with figures not less than twelve (12)

inches high designed, installed, and maintained according to the

provisions of Sec. 118.160 of this chapter.

Dated: May 6, 1998.

R.M. Larrabee,

Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.

[FR Doc. 98-13401 Filed 5-19-98; 8:45 am]

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